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FAR and DFARS › DFARS Part 209: Contractor Qualifications › Subpart 209.5

DFARS 209.571-4 Mitigation.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how organizational conflicts of interest (OCI) can be mitigated in defense contracts. It requires that any agreed-upon mitigation actions be documented in a Government-approved OCI Mitigation Plan and incorporated into the contract. If an offeror cannot effectively mitigate an OCI, the contracting officer must take alternative steps, such as selecting another offeror or requesting a waiver, except where a statutory prohibition applies.

Applies to: Department of Defense contracting officers and contractors involved in acquisitions with organizational conflicts of interest

What it requires

  • Incorporate a Government-approved OCI Mitigation Plan into the contract if mitigation is agreed upon.
  • For acquisitions over $1 billion, brief the senior procurement executive before determining an offeror's mitigation plan is unacceptable.

Key terms: mitigation · organizational conflict of interest · OCI Mitigation Plan · senior procurement executive · waiver

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Mitigation is any action taken to minimize an organizational conflict of interest. Mitigation may require Government action, contractor action, or a combination of both.

(b) If the contracting officer and the contractor have agreed to mitigation of an organizational conflict of interest, a Government-approved Organizational Conflict of Interest Mitigation Plan, reflecting the actions a contractor has agreed to take to mitigate a conflict, shall be incorporated into the contract.

(c) If the contracting officer determines, after consultation with agency legal counsel, that the otherwise successful offeror is unable to effectively mitigate an organizational conflict of interest, then the contracting officer, taking into account both the instant contract and longer term Government needs, shall use another approach to resolve the organizational conflict of interest, select another offeror, or request a waiver in accordance with FAR 9.503 (but see statutory prohibition in 209.571-7, which cannot be waived).

(d) For any acquisition that exceeds $1 billion, the contracting officer shall brief the senior procurement executive before determining that an offeror's mitigation plan is unacceptable.

Sections it refers to

  • 9.503 Waiver.
  • 209.571-7 Systems engineering and technical assistance contracts.

← 209.571-3 Policy. · 209.571-5 Lead system integrators. →

Rule changes for DFARS Part 209

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 209.571-4 Mitigation · SpendQuery